If the parent entered the U.S. legally (i.e., with a valid tourist visa), and has no immigration or criminal history, the U.S. citizen child can file for an Adjustment of Status on their parent’s behalf, regardless of any visa overstay issues or instances of unauthorized work. While the adjustment of status application is pending, the parent may be eligible for a work permit.

Here is a quick overview of the Adjustment of Status process:

• Step 1: The first step involves the “concurrent” filing of the I-130/I-485 application package. The I-130 is filed and signed by the U.S. Citizen (also known as the “Petitioner”) on behalf of the foreign Parent (also known as the “Beneficiary”). On the other hand, the I-485 applications is filed and signed by the foreign Parent. Those forms are submitted concurrently (at the same time) along with a Work Permit Applications (I-765), a Report of Medical Examination and Vaccination Record (Form I-693), completed by a USCIS-approved civil surgeon, filing fees, and other necessary evidentiary documentation.
  
• Step 2: Attend a Biometrics Appointment. Some time after you submit your application forms, USCIS will arrange a biometrics appointment. USCIS will run a criminal background in the FBI’s database.
• Step 3: Green Card Interview. USCIS may or may not schedule a green card interview at a local USCIS office. At the green card interview, a USCIS officer will ask questions related to your application and the answers and supporting documents you submitted.
• Step 4: At the end of the interview, or shortly after, USCIS will send you a decision on your application. If approved, you’d get your physical green card document in the mail a couple of weeks later.

IMPORTANT: If your parents entered the U.S. unlawfully, they cannot apply for an adjustment of status while in the country. In this case, you should talk to an immigration attorney about whether they can realistically immigrate at all, since living in the United States unlawfully for anything longer than six months creates a long-term bar to admissibility, and children cannot serve as qualifying relatives for a waiver application (only spouses or parents can form the basis for such an application). Thus, it is imperative to consult with an immigration attorney.

Here is a quick overview of the steps for Consular Processing:

• Step 1: The first stage in any family-based consular processing is the preparation and submission of the Petition for Alien Relative (I-130), which is filled out and signed by the petitioner (not the person seeking the green card).
  
• Step 2: Once the I-130 petition is approved, the case is automatically forwarded by USCIS to the Department of State’s National Visa Center (NVC).
• Step 3: The NVC creates an online account at (CEAC) -Consular Electronic Application Center- and emails the petitioner, the lawyer and beneficiary-applicant. This stage involves the payment of fees and the submission of various documents of the beneficiary-applicant, including police reports, personal information, and an affidavit of support (I-864) from the sponsor.
• Step 4: After the NVC has received, reviewed, and approved all the necessary documents, the case will be documentarily qualified, so the NVC will forward it to the U.S. embassy or consulate in their beneficiary’s home country.
• Step 5: The U.S. embassy or consulate will schedule a green card interview.
• Step 6: Attend the Consular Interview. If approved, the consular officer will give you a packet of information, known as a “Visa Packet”.
• Step 7: Enter The United States. Upon arrival in the U.S., you must give the “Visa Packet” to the Customs and Border Protection (CBP) officer at the port of entry. After a CBP officer inspects you and finds you admissible, the CBP officer will put a temporary “I-551 stamp” in your passport which you can use to prove your immigration status until your green card arrives in physical form.

If you need our advice with the process of sponsoring your parents for a permanent residency, contact us right now by WhatsApp at (619) 777-6796.

We can help you, no matter what State you reside in. We have immigration clients in different parts of the United States!

We offer a flat-fee on most immigration cases!

Whenever possible we try to offer a flat-fee for ‘typical’ cases which present no complicating factors.

Attorney Alex Monsalve
Member of the California State Bar Association
Member of the American Immigration Lawyers Association-AILA

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The information contained on this website is presented for informational purposes only and is not intended to provide legal advice and should not be construed as such. Visiting this website and reading the information presented therein does not create an attorney-client relationship. Visitors to this website should not act, or refrain from acting, based on the information provided therein without first seeking the professional advice of an attorney. The US immigration system is extremely complex, bureaucratic and constantly changing. Only an attorney is authorized to provide you with legal advice. Don’t be fooled by unscrupulous opportunists. We recommend that you hire the professional services of an attorney who is a member of the American Immigration Lawyers Association (AILA).

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Chua VIsta, CA 91910